MEMBER AGREEMENT

Last Modified: 15 August 2023

1. PARTIES

This Agreement is between:

Uber Carshare Pty Ltd. ACN 609 590 463 (“we”, “us”);

Uber B.V. (“Uber”); and

The Member (“you”).

2. APPLYING FOR MEMBERSHIP

2.1 You can apply for Membership using the online application form on the Website. By

submitting a Membership Application, you agree that:

a) you meet the Eligibility Requirements set out at clause 3.1 when you submit

the Membership Application; and

b) We or Carshare Support may provide credit to you to make use of the Service

and as such, you consent to us or Carshare Support communicating with a

credit reporting agency in the manner described in Schedule 1.

2.2 You must inform us immediately if you cease to meet any of the Eligibility

Requirements.

2.3 We may accept or reject any Membership Application at our discretion.

2.4 You warrant that all information provided by you to us or any of our Affiliates in your

Membership Application or at any time while you are a Member, including without

limitation your name, address, email address, and information about your Driving

History or credit record, is true and correct and is all the information reasonably

required in relation to your Membership and use of the Service. You must ensure that

all information provided by you is current and up to date. You permit us and our

Affiliates, including Carshare Support, to verify your identity, including using the

Document Verification Service (‘DVS’) to confirm that the personal information you

provide in your identity documents as evidence of your identity match the information

held by the agency which issued that document (also known as the official record

holder). Our use (and our Affiliate’s use) of DVS to verify your identity may involve the

use of third party systems and services. You can find more information about DVS by

visiting the DVS website, or by phone or email as follows: Website:

http://www.dvs.gov.au/Pages/default.aspx; Phone: (02) 6141 6666; Email:

DVS.Manager@ag.gov.au. You must indemnify us and our Affiliates for any claim or

loss that we or any of our Affiliates suffer as a result of any information that you

provide to us or our Affiliates in relation to this Agreement, your Membership or your

use of the Service being incorrect or misleading in any way, whether intentionally or

otherwise.

2.5 If you agree to these terms on behalf of a company or other legal entity, you

represent and warrant that you have the authority to bind that company or other legal

entity to these terms and, in such event, “you” and “your” will refer and apply to that

company or other legal entity.

2.6 This clause 2 and clause 3 below apply from the time you submit a membership

application. The rest of this Agreement applies when we or Carshare Support give

you notice that your Membership Application is accepted.

3. MEMBER ELIGIBILITY CRITERIA

3.1 To become a Member and to continue to be a Member, you must:

a) be at least 18 years old and no more than 85 years old (noting, however, that

Members who are under 21 years of age may only drive a restricted range of

vehicles with a minimum driver age less than 21);

b) have no licence suspensions or disqualifications, major violations or

alcohol/drug related incidents in the past 5 years;

c) not have been convicted of, or have any pending convictions for, a criminal

offence in any jurisdiction;

d) hold a full unrestricted driver licence (unless, if you are an Owner, otherwise

agreed in writing);

e) have an appropriate credit or debit card with sufficient funds to cover any

Fees and Charges that you may incur in relation to your use of the Service;

and

f) have a satisfactory credit history as reported on your credit record.

3.2 You must immediately disclose to us any traffic incidents or driving violations that

might affect your eligibility for Membership. If you do not wish to disclose any such

incident, you must withdraw your Membership Application or cancel your Membership

immediately.

3.3 We can suspend or cancel your membership if you are not eligible to continue as a

Member.

4. INCORPORATION OF POLICIES; CHANGES TO THIS AGREEMENT

4.1 These terms, together with the Policies and the Fee Schedule, form your written

agreement with us. You must be familiar with the Policies and comply with them at all

times while using the Service. You may obtain the latest version of the Policies and

Fee Schedule from us or from the Website.

4.2 If you are an Owner, the terms contained in the section titled ‘Owner Agreement’ and

in the Owner Guarantee also form part of your written agreement with us.

4.3 If there is any inconsistency between the terms of the Agreement and the Policies,

the Fee Schedule or the Owner Agreement, the terms of the Agreement will prevail to

the extent of any inconsistency.

4.4 We may amend the terms of this Agreement available at this address:

https://www.ubercarshare.com/terms-of-use, from time to time. We will provide you

with at least 30 days’ written notice in the event of a material change to the

Agreement that detrimentally affects your rights under these terms. Amendments will

be effective upon posting of the changes on the Website. Your continued access or

use of the Services after such posting, or after the expiry of the notice period

(whichever is later), constitutes your consent to be bound by the Agreement, as

amended. If you do not agree to the changes, you may cancel your Membership in

accordance with clause 24 and if you do so within 30 days of a change to the

Agreement, we will refund any membership fees that you have paid that relate to the

period after the cancellation date.

4.5 You acknowledge and agree that any of our Affiliates may exercise any of our rights

and perform any of our obligations under the Agreement, and our Affiliates may

benefit from your observance of or performance under the Agreement. To avoid

doubt, we will be responsible for our Affiliates in performing our obligations under the

Agreement, and we may enforce the Agreement even if our Affiliates benefit from

your observance of or performance under the Agreement.

5. USE OF THE SERVICE

5.1 We provide the Service to facilitate the sharing of vehicles. Vehicle hire or rental

services are provided by Owners to Borrowers under a separate contract, the terms

of which are informed by these terms. We may act as an agent of Owners or

Borrowers under that separate contract, as provided for in these terms and the

Owner Agreement.

5.2 We do not (nor do any of any Affiliates) control the condition of any Vehicle, the

actions of any Member, or the information provided by you or other Members and

included in any Member Profiles or otherwise made available to you. You are solely

responsible for your actions and inactions in relation to your use of the Service and

your interactions with other Members.

5.3 You acknowledge and agree that we (and our Affiliates) are not liable for, and

disclaim any liability related to, your interaction with other Members, your use of other

Members’ Vehicles or other Members’ use of your Vehicle, or any Member’s action or

inaction, with respect to the Service. You use any Vehicle made available through the

Service at your own risk. To the maximum extent permitted by law, we do not (nor do

any of our Affiliates) owe you a duty of care, and we and our Affiliates disclaim all

responsibility or liability to you, any passenger or third party (howsoever arising)

resulting from any Accident, breakdown or any other failure of a Vehicle.

5.4 By using the Service, to the maximum extent permitted by law, you agree that any

legal claim or remedy that you seek to make or obtain under a contract for Vehicle

rental services, or for actions or omissions of other Members or third parties will be

limited to the particular Member or third party and you agree not to attempt to claim

against or impose liability on or seek any legal remedy from us or our Affiliates with

respect to such actions or omissions. If you have a dispute with or claim against one

or more Members, you release us and our Affiliates (and our and their officers,

directors, agents, and employees) from liability (howsoever arising, whether under

contract, tort, statute or otherwise) in any way connected with such disputes or

claims.

5.5 The Service, including the Booking System, comes with consumer guarantees under

the Australian Consumer Law in the Consumer and Competition Act 2010 (Cth) that

cannot be excluded by this Agreement. Nothing in this Agreement affects your

statutory rights as a consumer. We give no warranties beyond the consumer

guarantees except where they are expressly set out in this Agreement. In particular,

to the extent not prohibited by law:

a) You acknowledge that with the exception of a major failure that continues

un-remedied for 48 hours, the delivery of the Services (including the

availability of the Booking System) is not time critical. We will supply the

Services within a reasonable time, and we give no other warranty or

guarantee in relation to the availability of the Service (including the Booking

System), or that access to the Service (including the Booking System) will be

free from interruptions or errors.

b) The Services depend upon telecommunications, cloud storage and other

services delivered to us, our Affiliates and Members by third parties, the

availability of which we cannot control.

c) If the Services are not supplied within a reasonable time, or otherwise fail to

comply with a consumer guarantee, we will not be liable for any damage, loss

or cost, including without limitation loss of expected revenue, loss of profit or

loss of opportunity, that is not reasonably foreseeable.

5.6 Carshare Support may offer to issue discretionary risk protection products to

Members in relation to the car-sharing activities. Any financial services including

protection products in relation to the Service are offered by Carshare Support as an

authorised representative of an Australian financial services licence holder. Carshare

Support acts as a manager to Mobility Mutual Limited, the issuer of discretionary risk

products including TripCover and Between-Booking Cover. It has authority from the

product issuer to manage claims for damage to Vehicles but is not financially liable

for payment of claims. The terms and conditions for membership of Mobility Mutual

and the terms and conditions for the discretionary risk product will be provided to you

separately when an offer of membership and protection is made by Carshare

Support.

6. USE OF LOCKBOX SYSTEM AND VEHICLE KEYS

6.1 For each Booking you make for an Instant Keys Vehicle, you will be issued with a PIN

that enables you to access the keys from the Lockbox, or enable you to unlock the

Vehicle using your phone. You must:

a) keep the PIN and your phone secure;

b) keep the keys secure throughout the Booking Period until you return them to

the Lockbox at the end of the Booking Period;

c) not allow any person other than a Member to use a PIN or your phone to

access the Vehicle without our written consent; and

d) use the PIN or your phone only to access a Vehicle for which you have a valid

Booking.

6.2 For each Booking you make for a Key Handover Vehicle, you must arrange to collect

the keys as instructed by the Owner. You must:

a) keep the keys secure throughout the Booking Period until you return them as

directed by the Owner at the end of the Booking Period; and

b) not allow any person other than a Member to access the Vehicle without our

written consent.

7. MEMBER PROFILES; USE OF THE WEBSITE AND BOOKING SYSTEM

7.1 Subject to the terms and conditions of this Agreement, Uber hereby grants you a

non-exclusive, non-transferable, non-sublicensable, non-assignable royalty-free and

fee-free license, during the term of this Agreement, to use the Website and the

Booking System for the purpose of accessing our Services, making valid Bookings,

car-sharing with other Members, and tracking associated payments. Uber, its

Affiliates and respective licensors reserve all rights not expressly granted in this

Agreement. The Website and Booking System (including all intellectual property

rights in all of the foregoing) are and remain the property of Uber, its Affiliates or

respective licensors.

7.2 You agree that you will not use Uber’s trademarks, service marks, or trade dress or

any similar names, marks, or trade dress, including, but not limited to UBER

CARSHARE or CAR NEXT DOOR, (“Uber’s Marks”), aside from use incidental to

your use of the Services, without express, written permission from Uber. This

prohibition on using Uber’s Marks includes, but is not limited to, use in domain

names, websites, and social media accounts.

7.3 You may not: (i) remove any copyright, trademark or other proprietary notices from

any portion of the Service, the Website, or the Booking System; (ii) reproduce,

modify, prepare derivative works based upon, distribute, license, lease, sell, resell,

transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise

exploit the Services, the Website, or the Booking System except as expressly

permitted by Uber; (iii) decompile, reverse engineer or disassemble the Website or

the Booking System except as may be permitted by applicable law; (iv) link to, mirror

or frame any portion of the Website or the Booking System; (v) cause or launch any

programs or scripts for the purpose of unduly burdening or hindering the operation

and/or functionality of any aspect of the Services, the Website, or the Booking

System; or (vi) attempt to gain unauthorized access to or impair any aspect of the

Services, the Website, or the Booking system, or any of its related systems or

networks.

7.4 A Member Profile for you will be created using the information that you provide in

your Membership Application or by any other method. This Member Profile will be

accessible to you via the Member-only section of the Website. Some information from

your Member Profile, such as your profile photo, first name, contact details and

reviews, may be made available to other Members if you make a Booking for their

Vehicle.

7.5 You are responsible for updating and maintaining the currency of your own Member

Profile on the Website. You must ensure that any information posted in your Member

Profile is correct, complete and not misleading.

7.6 You warrant that any text, images or other content that would constitute intellectual

property of any nature (“Materials”) that you include in your member profile or

otherwise provide to us or our Affiliates does not infringe on the intellectual property

rights of any third party. You grant us a non-exclusive, irrevocable, worldwide,

assignable, sub-licensable perpetual licence for no charge to use any Materials that

you produce or provide, for the purpose of operating and marketing the Service.

7.7 Carshare Support will take reasonable steps to verify, at the time that a Member is

accepted for Membership, that he or she has a current driver licence and that any

Vehicle that he or she makes available for sharing is appropriately registered.

However, Carshare Support does not guarantee the completeness or correctness of

this or any other information that Members provide at the time of submitting a

Membership Application or afterwards. We (and our Affiliates, including Carshare

Support) will not under any circumstances be liable for any loss or damage resulting

from or arising in connection with any errors, inaccuracies or misrepresentations in

your Member Profile or any other Member’s Member Profile.

7.8 You will be issued a Member ID for accessing the Member-only areas of the Website.

You must keep your Member ID and password confidential and secure. You will be

liable for any use of the Website, including the Booking System, that is made using

your Member ID.

8. ACCEPTANCE AND CANCELLATION OF BOOKINGS

8.1 You agree to make arrangements for sharing another Member’s Vehicle only through

the Booking System.

8.2 The minimum Booking Period is one hour. For Vehicles that are parked in marked

‘car share parking’ bays, the maximum Booking period is 4 days.

8.3 You must, for the benefit of any Member whose Vehicle you Book through the

Service, other Members and Carshare Support:

a) confirm the beginning and end times of any Booking that you make before you

begin using a Vehicle;

b) only use another Member’s Vehicle during the period for which you have a

confirmed Booking;

c) pay the Booking Fee and any usage fee or other fees set out in the Fee

Schedule in connection with your Booking (even if you collect the Vehicle after

the start of the Booking Period, return it before the end of the Booking Period,

or do not use it at all during the Booking Period) unless you cancel the

Booking, in which case clause 8.5 applies; and

d) pay the charges set out in the Fee Schedule if you use the Vehicle outside of

the period for which you have Booked the Vehicle or fail to return the Vehicle

and its key to the proper location at the agreed time.

8.4 We may, on behalf of a Member whose Vehicle you have Booked, cancel that

Booking (either before the Booking commences or during the Booking Period), if we

are unable to take a pre-payment or deposit on your Card, or to collect payment

instalments that are payable for a long Booking in accordance with clause 17.3.

8.5 If you cancel a Booking, you may be required to pay charges for part or all of the

Booking, as set out on the Website.

9. LIABILITY FOR DAMAGE AND LOSS

9.1 If you Borrow a Vehicle, you must return it to the Owner in the same condition that it

was in at the start of the Booking.

9.2 Borrowers are responsible to the Owner and to us for all Damage and Loss that

occurs while you have possession of the Vehicle (regardless of whether you caused

that Damage and Loss) and for related costs and fees as set out in the Damage

Policy and Fee Schedule.

9.3 If you Borrow a Vehicle, you must take and provide to us photographs of the Vehicle

when you take possession of the Vehicle and when you cease to have possession of

the Vehicle, in accordance with the Damage Policy. Failure to do so may mean that

you will be deemed under the Damage Policy to have caused, and be liable to the

Owner and us for, any Damage and Loss or untidiness to the Vehicle, even if that

Damage and Loss or untidiness may have occurred before or after you took

possession of the Vehicle. You acknowledge and agree that this system of recording

the condition of shared Vehicles and attributing responsibility for damage is a

reasonable and necessary condition of your participation in the Service. You agree

that it is your responsibility to prove that the Vehicle was not damaged whilst in your

possession, and not the Owner’s or our responsibility to prove that it was damaged

whilst in your possession. You agree to take and upload a complete and clear set of

photos showing all exterior surfaces of the Vehicle for each Booking in accordance

with the requirements of this clause and of the Damage Policy.

9.4 If you are an Owner, you must inspect the Vehicle and report to us any damage to the

Vehicle, in accordance with the Damage Policy. Failure to do so may mean that you

will be deemed under the Damage Policy to have caused, and be liable to us for, any

Damage and Loss or untidiness to the Vehicle, even if that Damage and Loss or

untidiness may have occurred before you re-took possession of the Vehicle.

9.5 Subject to clause 10:

a) If Damage and Loss occurs during a Borrower’s possession of the Vehicle,

then, in respect of each single Event (being an event that occurs at the same

address and time), the Borrower is liable to the Owner for, and will be

charged:

i) the costs of rectifying the Damage and Loss (which includes the loss

and damage to the Vehicle and any assessment, towing, storage and

recovery charges)

ii) a loss-of-use payment to the Owner for each day that their car is

unavailable, calculated on the basis set out in the Damage Policy; and

iii) other losses or expenses related to the Accident,

for each single Event.

b) If Damage and Loss is identified or reported to us in connection with your

possession of the Vehicle, we may charge your Card for our account for the

amount that we estimate, in good faith, will be sufficient to cover your Damage

and Loss Liability.

9.6 If you are a Borrower who has Trip Cover for the Booking Period:

a) you must make a claim to Mobility Mutual for protection under the Trip Cover

PDS and protection wording if you are liable for Damage and Loss under this

Agreement.

b) If you fail to make a claim under Trip Cover within 3 business days of Damage

and Loss being reported to us, then you authorise us to act as your attorney

and to make a claim in your name.

c) If your claim for protection under Trip Cover is approved by Mobility Mutual,

then we will charge your Card on behalf of Mobility Mutual to pay your

Excess, and Mobility Mutual will pay the remaining amount of your Damage

and Loss Liability up to the Protection Limit in accordance with the terms and

conditions contained in the TripCover PDS.

d) You must comply with the important conditions in the TripCover PDS and you

report Damage and Loss to the Vehicle from hail, flood, fire, storm, cyclone or

other natural disaster to us as soon as possible and no more than 7 days after

it occurs.

e) If it appears that the Damage and Loss Liability may equal or exceed your

Excess, we will charge your Card for our account with your full Damage and

Loss Liability amount.

f) If the claim for protection under Trip Cover is denied by Mobility Mutual, or if it

appears to us that one or more of the exclusions to Trip Cover applies, we will

charge your Card, for the Owner’s account, for the full amount of your

Damage and Loss Liability amount. You will be promptly notified of the details

of the Damage and Loss and the amount to be charged. With the exception of

any fees relating to our handling of the matter, we collect these amounts as

the Owner’s agent.

g) If you are required to pay the full amount for your Damage and Loss Liability

and you dispute the Damage and Loss Liability or the amount charged, you

must still pay the amount determined under clause 9.6(f) and contact us. We

will address or assist you to resolve the dispute in accordance with the

Complaints and Dispute Resolution Policy. We may do so on behalf of an

Owner if a disputed amount is owed to or has been paid to the Owner, or you

may be asked to attempt to resolve the dispute directly with the Owner. If the

dispute is resolved in your favour, we will return the disputed amount to you.

h) If you are required to pay the full amount for your Damage and Loss Liability

and the actual costs of, or associated with, the Damage and Loss are less

than the amount that you have been charged, or if we subsequently recover

the costs from Mobility Mutual or from any third parties who may have been at

fault, then we will reimburse the difference to your Card within a reasonable

time after all costs have been fully quantified and forward to you an invoice for

the final amount. Alternatively, if we discover that the actual costs are not

covered under this Agreement, if an amount claimed from Mobility Mutual is

rejected, or if the actual costs exceed the amount that you have been

charged, then we may charge your Card, either for our account or for the

Owner’s account, with the outstanding amount.

9.7 If Damage and Loss to the Vehicle from hail, flood, fire, storm, cyclone or other

natural disaster occurs during a period when you have possession of the Vehicle, you

must report the Loss or Damage via the Website as soon as possible and no more

than 7 days after it occurs

9.8 You must inform us immediately if any of your Driving History details change during

the course of your Membership, including (but not limited to) any vehicular accidents

that you are involved in (note that these are not limited to “Accidents” as defined).

9.9 You (whether as Owner or Borrower) agree to indemnify us and our Affiliates for any

claim made against us or any of our Affiliates for loss of or damage to any personal

property that is connected with your use or possession of a Vehicle, or the use or

possession of your Vehicle, including personal property left in the Vehicle.

10. USE OF VEHICLES

10.1 If you are a Borrower, then at the start of a Booking Period, and before driving the

Vehicle, you must:

a) check that the Tolling Device is in the Vehicle (for Instant Keys Vehicles listed

in NSW, VIC and QLD only);

b) check that the fuel gauge shows at least ¼ full (and, if it is not, take a photo of

the fuel gauge and submit it to us by email or through the Website;

c) follow any instructions given on the Website or by email;

d) take photographs that clearly show all exterior surfaces of the vehicle (and

upload these photos in accordance with the Damage Policy); and

e) for Key Handover Bookings, take and upload photos of the Vehicle’s

odometer.

10.2 If you are a Borrower:

a) you must not, for our benefit and the benefit of the Owner, attempt to access a

Vehicle without a valid Booking for that Vehicle; and

b) you must not permit any person other than a Member to drive a Vehicle that

you have booked.

10.3 You must not, for our benefit and the benefit of the Owner, operate the Vehicle if your

driver licence has expired, has been suspended or is of a category that does not

permit you to drive the Vehicle.

10.4 You must not tamper or interfere with any Lockbox System or Tolling Device (and

must not permit or suffer any other person to do so).

10.5 You must not (and must not permit or suffer any other person to), for our benefit and

the benefit of the Owner:

a) operate any device that requires the use of one or both hands while driving,

including but not limited to mobile phones, mobile computers, or devices that

allow texting;

b) carry cargo or baggage that damages the Vehicle or exceeds the Vehicle’s

carrying capacity;

c) carry a number of passengers that exceeds the number that the Vehicle is

designed to carry or the number of available seat belts;

d) carry passengers or property for hire, fare or reward, unless you are the

Owner of the Vehicle (in which case, you must obtain separate insurance to

cover that activity);

e) pick up hitchhikers or persons unknown to you;

f) transport any inflammable, hazardous, toxic, volatile, poisonous, dangerous or

illegal substances or items;

g) drive the Vehicle while under the influence of alcohol or drugs or both to the

extent that you are incapable of having proper control of the Vehicle or while

your blood alcohol content or the level of drugs present in your blood exceeds

the limit specified by the law of the state or territory in which the Vehicle is

driven;

h) use the Vehicle for or in connection with any illegal activity;

i) use the Vehicle in contravention of any traffic regulations;

j) use the Vehicle in an unsafe or unroadworthy condition;

k) engage in any motor sport, time trial, competitive driving or racing or off-road

driving;

l) use the Vehicle to push, propel or tow another car, trailer or any other thing,

unless you are the Owner of the Vehicle or an Additional Driver;

m) use the Vehicle in any way that is reckless, illegal, abnormal or likely to

damage the Vehicle or cause a danger to persons or property;

n) sell, rent or dispose of the Vehicle or any of its parts, or attempt to give

anyone legal rights over the Vehicle or any of its parts, unless you are the

Owner;

o) refuse to undergo any breath or blood test or drug impairment assessment

when reasonably requested by the police;

p) smoke, vape or use e-cigarettes in a Vehicle;

q) allow any animals (other than certified assistance animals) to enter a Vehicle

that is not designated pet-friendly, or carry an animal in pet-friendly car without

an appropriate carrier; or

r) place stickers, signs, symbols, or other devices, modifications, advertisements

or publicity materials on the interior or exterior of the Vehicle without our

permission.

11. ACCIDENTS, THEFT AND BREAKDOWNS

11.1 If you are a Borrower and a Vehicle breaks down or is involved in an Accident or is

stolen during your Booking Period, you must follow the reporting, claims processing,

and repair procedure set out in the Damage Policy and in this clause 11.

11.2 You must report any Accident or theft to us as soon as possible after the Accident or

theft occurs, even if you are not sure whether the Vehicle or other property was

damaged. Reports should be made through the Help Centre on the Website unless

you are told to report it in another way. You must also provide all information

reasonably requested concerning the Accident or theft within 48 hours of any request,

and deliver a correctly completed Collision or Damage Report Form, including any

police witness statements or reports, to us within 48 hours after the Accident or theft.

11.3 You must assist us (at our cost and direction) in respect of any claim or action

brought in respect of any Accident or theft of the Vehicle, including attending court to

give evidence, and tell us about any other insurance or other claim that may be

relevant to the claim.

11.4 You must not make any admission of liability, offer of compromise, payment,

settlement, waiver, release, indemnity or any other admission (other than a true

statement made under compulsion of law) in relation to an Accident or theft without

our prior written consent. If a claim has been approved by Mobility Mutual, you must

comply with the important conditions in the TripCover PDS or Between-Booking

Cover PDS and in such cases, our rights under this clause to consent to

compromises, settlements, payments and the like which are made by you, will only

apply to the extent that any part of a claim is not paid by Mobility Mutual.

11.5 You must promptly give us any papers or other documents that you receive

concerning an Accident or theft and take reasonable steps to ensure that any other

person who receives any such papers or documents concerning the Accident

provides those papers and documents promptly to us.

11.6 By entering into this Agreement, you consent to and authorise us and our Affiliates to

obtain copies of any police witness statements or reports made or able to be obtained

by you in relation to the Accident, theft of the Vehicle or police charges against you.

11.7 If a claim is lodged with Mobility Mutual for Trip Cover or Between-Booking Cover,

you must report to Mobility Mutual in accordance with important conditions in the Trip

Cover PDS or Between-Booking Cover PDS (as relevant). Carshare Support is

permitted to seek information about an Accident, theft or to assess a claim on behalf

of Mobility Mutual if a claim is lodged with Mobility Mutual. Where Carshare Support

requests information acting on behalf of Mobility Mutual, you agree to share it for the

purposes of assessing a claim under your Trip Cover or Between-Booking Cover.

11.8 Upon any warning lights or messages becoming illuminated or displayed in the

Vehicle, or if you become aware of any mechanical fault with the Vehicle, you must as

soon as practicable stop driving, park the Vehicle where safe to do so and contact us

or the Roadside Assistance service. You must not, for our benefit and the benefit of

the Owner, recommence driving the Vehicle unless directed to do so by us, the

Owner of the Vehicle, or the Roadside Assistance service. If there is a dispute

between a Borrower and the Owner as to whether Damage and Loss was caused by

the Borrower’s failure to properly attend to warning lights or by an underlying

mechanical issue, we may (but are not obliged to) assist with investigating the cause

of the issue, and allocate the costs of such investigation, in accordance with the

Damage Policy.

11.9 If a Vehicle suffers a mechanical fault or breakdown while you are driving it, you

must:

a) report it to us by phone and also call the Roadside Assistance provider; and

b) wait with the Vehicle until Roadside Assistance attends the Vehicle.

11.10 If there is a mechanical issue at the start of a Booking prior to you commencing

driving, you must call us to report the issue.

11.11 You must not, for the benefit of the Owner, attempt to jump start the Vehicle, or use

the Vehicle to jump start any other vehicle.

11.12 Roadside Assistance charges as set out in the Fee Schedule will be passed through

to the Member who, in our reasonable opinion, is responsible for the need for the

callout.

11.13 The cost of replacing a battery that cannot be recharged will be charged to the

Owner’s account.

11.14 If the Vehicle needs to be towed, the cost will be charged to the party who, in our

reasonable opinion, is responsible for the need for towing, except where the Borrower

has travelled further than 500 kilometres from the Vehicle’s Booking location without

the express permission of the Owner and us, in which case the Borrower will be

responsible for the cost of towing, regardless of fault.

11.15 The Borrower is responsible for returning the Vehicle to its Booking location following

any tow.

11.16 Neither we nor the Vehicle’s Owner will provide any compensation or reimbursement

for costs or losses you incur as a result of a Vehicle being inoperable or unavailable

for any reason. It is recommended that you ensure that you have suitable private

travel insurance in place to cover such eventualities.

12. REFUELLING

Borrower obligations

12.1 If the Vehicle needs fuel during your trip or in order to return the Vehicle with the fuel

tank at least ¼ full, you must pay for the fuel and then seek reimbursement from us

by uploading or emailing us a tax invoice for the fuel purchase. We will charge the

Owner and pass the reimbursement through to you.

12.2 If you do not submit a valid tax invoice within 45 days of the date of the fuel purchase,

then we will not charge the Owner or reimburse you.

12.3 You must check whether the Vehicle takes diesel or petrol fuel and the fuel octane

number specified by the Owner before refuelling, and fill the fuel tank with the fuel

specified in the Owner’s instructions. You will be fully liable to the Owner for the costs

of removing wrong fuel from the Vehicle and any damage caused by using the wrong

fuel type. Additional fees may apply under the Fee Schedule.

Owner obligations

12.4 If a Borrower seeks reimbursement for fuel and has complied with their obligations in

this clause 12, then we will charge the Owner for this amount.

12.5 As an Owner, You must review the fuel charges shown in your account and Invoices

on a regular basis.

12.6 If you, as an Owner, are required to pay an amount for fuel and you dispute the

charge, you must raise the dispute with Us within 45 days after the fuel refund is

shown in your account.

13. RETURNING THE VEHICLE

13.1 At the end of the Booking Period, you must, for our benefit and the benefit of the

Owner and other Members:

a) return the Vehicle to the same parking space from which it was collected (if

the Vehicle has a dedicated parking space), or to an unrestricted parking

space as close as possible to its specified home location for Vehicles

collected from a public space, and follow any specific parking instructions

given for the Vehicle;

b) ensure that the fuel tank is at least ¼ full;

c) ensure that the Vehicle is no less clean and tidy than when you started the

Booking;

d) close all of the windows;

e) ensure that all lights and accessories are turned off;

f) check that you have removed any of your personal possessions from the

Vehicle;

g) if a Lockbox is usually located on the Vehicle, put it back in place;

h) lock the Vehicle with the key then secure the key in the Lockbox (for Instant

Keys Vehicles) or return it as directed by the Owner (for Key Handover

Vehicles) - the Vehicle is not considered to be returned until and unless the

key is also correctly returned;

i) take photographs that clearly show all exterior surfaces and the interior of the

Vehicle and upload them in accordance with the Damage Policy; and

j) if the Vehicle is a Key Handover Vehicle, take and upload photos of the

odometer; and

k) comply with any other requests or instructions given by the Owner or us.

13.2 If you do not do all of these things, you may be held responsible for Damage and

Loss to the Vehicle and/or charged an amount in accordance with the Fee Schedule.

These amounts may be payable to us for our account or payable to us on behalf of

the Owner.

13.3 If you use a Vehicle outside of a valid Booking Period, including if you fail to return

the Vehicle and its key within 6 hours after the end of the Booking Period, this will be

taken to be a theft of the Vehicle and we or the Owner may:

a) report the Vehicle as being stolen; and/or

b) take steps to locate, recover and repossess the Vehicle, or engage a third

party to recover the Vehicle, without further notice to you.

13.4 If the Vehicle is found illegally parked, apparently abandoned or is used or obtained

as prohibited under this Agreement, we may, after making reasonable attempts to

contact you, recover the Vehicle or engage a third party to recover the Vehicle. To the

extent permitted by law, you waive any right to any hearing or to receive any notice or

legal process as a precondition of our recovering the Vehicle in accordance with this

clause 13.4. Nothing in this clause is intended to limit an Owner’s legal rights against

a Borrower.

13.5 You must pay to us immediately on demand any costs reasonably incurred in

recovering a Vehicle under clause 13.3 or 13.4.

14. REVIEWS

14.1 Providing reviews about other Members and Vehicles is important to give other

Members as much information about the Service as possible. Both Borrowers and

Owners are requested to submit reviews following the completion of each Booking.

14.2 You must abide by the Review Policy published on the Website when providing

feedback, including by not posting any abusive, defamatory, obscene or intimidating

material or statements.

15. LIABILITY FOR PARKING AND DRIVING INFRINGEMENTS

15.1 If an Infringement Notice is issued in relation to an infringement occurring during a

time which you have possession of a Vehicle, or as a result of your failure to leave

the Vehicle in a legal, unrestricted parking space at the end of a Booking Period, then

you are responsible to the Owner for payment of the Infringement Notice and any

demerit points will accrue to your driver licence.

15.2 You must pay, for the benefit of the Owner, any Infringement Notice that you are

responsible for in full on or before the date that payment is due. If we, our Affiliate,

the Owner or the Owner’s authorised representative receives an Infringement Notice

that you are responsible for, then:

a) we, our Affiliate, the Owner or the Owner’s authorised representative will

inform the relevant authority that you were the driver of the Vehicle at the time

of the Infringement and the authority will then issue the Infringement Notice to

you;

b) you consent to us and our Affiliates providing your personal information to the

Owner or their authorised representative for the purpose of informing the

relevant authority, or providing your personal information directly to the

relevant authority; and

c) we may charge you an administration fee for each Infringement Notice

received, in accordance with the Fee Schedule.

15.3 You will be responsible to the Owner for the full cost of recovery and any damage to

the Vehicle should the Vehicle be damaged, seized, towed or impounded whilst in

your possession or as a result of your failure to leave the Vehicle in a legal,

unrestricted parking space at the end of a Booking Period. These costs will be

charged in addition to any additional late fees and/or extended Booking fees resulting

from a late return of the Vehicle.

15.4 If you dispute your liability for an Infringement Notice, then you may raise the dispute

with us and we will deal with it in accordance with the Complaints and Dispute

Resolution Policy.

16. LIABILITY FOR TOLLS

16.1 You will be liable for payment of any Tolls incurred in relation to the use of a Vehicle

during the period for which you have use of that Vehicle.

16.2 Your liability for the Toll will commence at the time the Toll is incurred. For Instant

Keys Vehicles, we will provide credit to you for the amount of the Toll from that time

until the time that payment for the Toll falls due under your monthly invoice. For Key

Handover Vehicles you will be liable to the Owner for any Tolls that the Owner’s toll

statement shows were incurred while you had possession of the Vehicle.

16.3 If you dispute a Toll that has been charged to you or for which we have attributed

responsibility to you, then you can ask us to review our records to reassess liability

for the Toll.

17. FEES AND COSTS

17.1 You agree to pay to Carshare Support (for our account or in certain cases as

payment collection agent for Owners or for Mobility Mutual):

a) any Membership Fee applicable to the Membership Plan that you have

selected;

b) any additional fees, charges and penalties in accordance with this Agreement

and the Policies (or notified to You in accordance with the Agreement from

time to time), including without limitation costs relating to any Infringements,

Tolls, fuel charges for which you are responsible, any amounts owing for

Damage and Loss Liability or other liabilities arising from your use of the

Service and from your use of Vehicles;

c) all fees and charges that are incurred in relation to the use of the Service

using your Member ID, even if you did not authorise the use of your Member

ID; and

d) GST and all other taxes or levies on any of the amounts payable under this

Agreement.

17.2 To calculate Fees and Charges, we will use billing information generated or received

by us, which may include:

a) information collected by the Booking System;

b) information collected in connection with the use of a Tolling Device;

c) information recorded in photographs of the odometer of a Vehicle;

d) receipts submitted to us; and

e) any other information that is relevant to determining the Fees and Charges

applicable to your use of the Service.

17.3 We may bill you in advance or arrears for some or all of the Fees and Charges

payable by you under this Agreement. We will try to include all Fees and Charges for

the relevant billing period on your invoice. However, this is not always possible and

unbilled Fees and Charges may be included in one or more later Invoices.

17.4 If you Book a Key Handover Vehicle and do not take and upload valid photos of the

odometer at the start and end of your Booking, then we may bill you for distance

charges based on the Vehicle Owner’s photos or our estimate.

18. DRIVING CREDITS

18.1 From time to time, you may be issued with Driving Credits, which can be used to

cover the cost of time and distance Booking charges. Driving Credits cannot be used

to pay for other expenses such as Membership Fees, Fines, or Damage and Loss

Liability.

18.2 Driving Credits may have an expiry date and are not transferable or redeemable for

cash.

19. DEPOSITS, INVOICING AND PAYMENT

19.1 We may charge a deposit to your Card before a Booking Period commences.

19.2 We reserve the right to charge you for all or part of the estimated charges relating to

your Booking Period, including amounts that Carshare Support collects on behalf of

Mobility Mutual, prior to commencement of the Booking Period and/or in instalments

during the Booking Period.

19.3 We will issue Invoices to you on a regular basis showing your Membership Fees and

itemised Toll charges payable by you in accordance with this Agreement as well as a

summary of all Booking charges and payments for the relevant period.

19.4 If the Invoice shows an amount owing by you to us or to an Owner, we will charge

your Card for that amount on the date shown in the Invoice.

19.5 If you fail to pay the amounts that you owe under this Agreement within the time

allowed for payment (including if the Card that you have provided to us for payment

purposes is declined by the Card issuer or bank or if you request a chargeback from

your Card issuer or bank), then at our discretion, we (and our Affiliates) may:

a) charge a reasonable handling fee;

b) charge interest on the outstanding amount, calculated daily at the rate equal

to Westpac Banking Corporation standard business overdraft rate plus 2%;

c) suspend provision of the Service to you, including your membership of

Mobility Mutual and your access to TripCover or Between-Booking Cover, by

any means including by restricting or disabling your access to the Website

and preventing you from making or accepting Bookings;

d) in our absolute discretion, pay to an Owner the amount that you owe to them

in advance of collecting such amount from you, in which case such amount

will be owed by you to us instead of to the Owner, and/or

e) cancel your Membership in accordance with clause 24.1

19.6 If you are in default of any obligation to pay money to any person (including us, our

Affiliates, an Owner or Mobility Mutual) under this Agreement, you must indemnify us

for any costs that we pay to any person on your behalf or that we incur on our behalf

or on behalf of any other person in taking action against you to recover that amount.

19.7 If you wish to query or dispute the amounts shown on an Invoice, you may do so in

accordance with the procedure set out in the Complaints and Dispute Resolution

Policy.

20. CREDIT AND DEBIT CARD CHARGES

20.1 You authorise us to charge the Card in respect of all Fees and Charges due and

payable under this Agreement, including amounts that we collect on behalf of Mobility

Mutual.

20.2 Where the Card is in your name, you warrant that the Card is Yours and you (whether

alone or with another person or other people) are responsible for all amounts charged

or debited to that Card. Where the Card is not in your name, you warrant that you are

authorised to permit and authorise us to charge the Card in accordance with this

Agreement.

21. COMMUNICATION BETWEEN UBER CARSHARE AND MEMBERS AND

BETWEEN MEMBERS

21.1 You may receive notices and Invoices under this Agreement by email, text message,

notification delivered to You via our Website or post. You must ensure that the email

and postal address that you have provided to us are correct at all times, and you

must check your email regularly.

21.2 A notice or bill sent under this Agreement is taken to have been received by you or by

us (as relevant):

a) if sent by ordinary post, on the date two business days after it is posted; or

b) if sent by email, text or the notification is delivered to You via our Website, four

working hours after the time it is sent (unless, in the case of email the sender

receives an automated notice that delivery did not occur or has been

delayed).

21.3 You agree that we (or our Affiliates) may provide your name, email address and

telephone number to another Member if you have made a Booking to use their

Vehicle or if they have made a Booking to use your Vehicle, so that they can

communicate directly with you in relation to that Booking. You must not use the

contact details of other Members for marketing or any other unauthorised purpose.

21.4 If you have any questions about this Agreement or the use of the Service (including

financial services provided by us), you can contact us on (02) 8035 8000 or by chat

from the Website, or send an email to members@ubercarshare.com.

22. PRIVACY

22.1 We will comply with all relevant privacy legislation and the Privacy Policy in relation to

your personal information. You can find the Privacy Policy on the Website.

22.2 The terms of the Privacy Policy form part of this Agreement. The Privacy Policy sets

out how we collect, use, store and disclose your personal information.

22.3 If we do not collect personal information from you, we will not be able to provide our

Services to you and if any of the personal information you provide is incomplete or

inaccurate, the quality of our services may be compromised.

22.4 You consent to us (and our Affiliates) providing your personal information to other

Members and to the relevant authorities as set out in clauses 15.2 and 21.3.

22.5 You can tell us if you do not consent to our use of such information, or if you do not

wish to receive such information, or if you have any questions about the Privacy

Policy, by calling us on (02) 8035 8000 or by sending an email to

members@ubercarshare.com.

22.6 By entering into this Agreement and by providing personal information, you represent

to us that you have read, and agree to, the terms of the Privacy Policy. When we and

our Affiliates collect personal information in relation to the discretionary risk products

offered by Mobility Mutual, this is done in accordance with the Mobility Mutual Privacy

Policy.

23. DISPUTE RESOLUTION

23.1 If you have a complaint or dispute in relation to this Agreement, you can ask us to

consider the complaint in accordance with our Complaints and Dispute Resolution

Policy, which is available on the Website.

23.2 We reserve the right, but have no obligation, to monitor or assist the resolution of

disputes between you and other Members.

23.3 Complaints in relation to Trip Cover or Between-Booking Cover will be handled in

accordance with the complaints handling process in the relevant TripCover PDS or

Between-Booking Cover PDS.

24. CANCELLATION AND SUSPENSION OF MEMBERSHIP

24.1 We may immediately cancel or suspend your Membership at any time by notice by

email if you:

a) breach the terms of this Agreement or any of the Policies and the breach

cannot be remedied or, if the breach can be remedied, you have not remedied

the breach within 5 business days after we give you notice of the breach;

b) in our reasonable opinion, commit any illegal, dishonest or wrongful act,

abuse or harass our staff or other Members, or pose a threat to the safety or

wellbeing of our staff or other Members or to any Vehicle; or

c) fail to maintain your eligibility for membership under clause 3 or your

membership with Mobility Mutual is cancelled;

d) fail to make a payment that is due under this Agreement within 2 business

days after you are given written notice of the payment default.

24.2 We may cancel your Membership with no less than 30 days’ notice for any reason not

listed in clause 24.1.

24.3 You may cancel your Membership at any time to take effect at the end of the current

month.

24.4 You may cancel your Membership with immediate effect in exceptional circumstances

with our agreement.

24.5 If your Membership is cancelled, either by you or by us, then:

a) you must not use the Service on or after the date of cancellation;

b) Mobility Mutual may cancel your membership of the mutual and your

discretionary protection;

c) we will issue a final Invoice within 60 business days of the cancellation of your

Membership and either make payment to you or charge your Card for

amounts owing by you, in accordance with this Agreement; and

d) this Agreement will terminate on the date that we have received final payment

for all amounts owing by you to us under this Agreement.

24.6 Termination of this Agreement does not affect any accrued rights or liabilities up to

(and including) the date of termination.

25. GOVERNING LAW, OTHER

25.1 This Agreement is governed by the laws of New South Wales, and each party

submits to the non-exclusive jurisdiction of the courts of that state.

25.2 You may only assign this Agreement or a right under this Agreement with our prior

written consent. We may assign this Agreement or a right under this Agreement by

written notice to you.

25.3 If the whole or any part of a provision of this Agreement is invalid or unenforceable in

a jurisdiction it must, if possible, be read down for the purposes of that jurisdiction so

as to be valid and enforceable. If however, the whole or any part of a provision of this

Agreement is not capable of being read down, it is severed to the extent of the

invalidity or unenforceability without affecting the remaining provisions of this

Agreement or affecting the validity or enforceability of that provision in any other

jurisdiction.

25.4 Except where this Agreement expressly states otherwise, this Agreement does not

create a relationship of employment, trust, agency or partnership between the parties.

26. DEFINITIONS AND INTERPRETATION

26.1 The following definitions apply to this Agreement:

“Accident” means any collision between the Vehicle and any other object, including another

vehicle, or any other incident or occurrence that results in the Vehicle being damaged, lost or

destroyed.

“Affiliate” means, with respect to a particular entity, any entity controlled by, controlling, or

under common control with the first mentioned entity, where “control” in any of the foregoing

forms means ownership, either direct or indirect, of more than 50% of the equity interest

entitled to vote for the election of directors or equivalent governing body. An entity shall be

considered an Affiliate only so long as such entity continues to meet the foregoing definition.

Our Affiliates include Uber and Carshare Support.

“Agreement” means the agreement comprising the Member Agreement, the Owner

Agreement and the Owner Guarantee (for Members who are Car Owners), the Policies and

the Fee Schedule.

“Authorised Driver” means a Member who drives a Vehicle during a Booking.

“Availability Schedule” means the times that an Owner has defined during which their Vehicle

is available to other Members to Book.

“Between-Booking Cover” means the discretionary risk protection product issued by Mobility

Mutual to Owners who are also members of Mobility Mutual to protect them for Damage and

Loss when a Vehicle is used incidentally outside of a Booking.

“Between-Booking Cover PDS” means the combined Product Disclosure Statement,

Protection Wording and Financial Services Guide issued by Mobility Mutual for

Between-Booking Cover, and includes any supplementary or replacement disclosures

applicable from time to time.

“Booking” means an instance where a Borrower uses the Service to reserve a Vehicle

belonging to an Owner and, in the case of Key Handover Vehicles only, where the Owner of

the Vehicle has confirmed the Booking.

“Booking Fee” means the amount charged by us to process each Booking.

“Booking Period” means the period of a Booking (including any amendments to that period

that are made and accepted through the Booking System).

“Booking System” means the technology that coordinates Bookings and payments and, in

the case of Instant Keys Vehicles, performs the remote management of the Lockbox System.

“Borrower” means a Member who borrows, or makes a Booking to borrow, a Vehicle.

“Borrowing Plan” means a Membership Plan for borrowing Vehicles through the Service.

“Card” means the credit or debit card that a Member has selected as their primary method of

payment to us for amounts owing to us or that we collect as agent for Owners, and payments

to Mobility Mutual or Carshare Support that it collects as manager of Mobility Mutual.

“Carshare Support” means Carshare Support Pty Ltd (ACN 163 596 530) (formerly Car Next

Door Australia Pty Ltd).

“Damage and Loss” means:

a) damage to the Vehicle that requires repair or replacement (excluding Wear and

Tear);

b) loss arising from theft of the Vehicle or fire damage to the Vehicle;

c) towing, storage and recovery charges;

d) fees and charges relating to the assessment or quantification of the loss or damage;

and

e) Third Party Loss,

f) including any applicable taxes.

“Damage and Loss Liability” means the amount you must pay if you are responsible for

Damage and Loss.

“Delisted” means, in respect of a Vehicle, that the Vehicle is made permanently unavailable

for Borrowers to Book through the Service (whether by the Owner or by us).

“Driving Credit” means credit provided to Members that can be used to pay for Bookings.

“Driving History” means the driving-related events in your past that will be used to help

assess your suitability for the Service.

“Eligibility Requirements” means, in relation to Members, the minimum requirements set out

in clause 3 that Members must meet in order to obtain and maintain Membership in the

Service; and in relation to Vehicles, means the minimum requirements set out in clause 27

that Vehicles must meet in order to be part of the Service.

“Event” means an event where Damage and Loss occurs at the same address and time. For

example, once you have picked up a Vehicle, if you scrape it when reversing out of the

driveway it will be one Event. If, later during the Booking Period, you have a collision with a

third-party driver, it will be a second Event.

“Excess” means the amount that Mobility Mutual, or Carshare Support as its manager, will

charge your Card if a claim is approved by Mobility Mutual, as set out in the terms and

conditions for the discretionary protection (TripCover or Between-Booking Cover) and as

stated in your Protection Schedule.

“Fee Schedule” means the pages on the Website setting out the fees or charges you may be

charged in connection with your Membership or your use of the Service, as updated,

published on the Website and notified to Members from time to time.

“Fees and Charges” means the set of charges levied on Members arising from their

Membership in, and use of the Service.

“GPS” means Global Positioning System.

“Infringement Notice” means the notification of any driving or parking offence.

“Invoice” means the itemised report of a Member’s use of the Service and will include details

of any Fees and Charges incurred and any payments made.

“Instant Keys Vehicle” means a Vehicle that is fitted with the Lockbox System or can be

unlocked and used by a Borrower using technology (including the Vehicle’s technology)

without the need for the Owner or a person authorised by the Owner to deliver to the

Borrower the car keys.

“Key Handover Vehicle” means a Vehicle that is not fitted with the Lockbox System.

“Listed” means, in respect of a Vehicle, that the Vehicle is available for Borrowers to Book

through the Service.

“Lockbox System” means the combination of the digital lockbox device that holds the car

keys (the “Lockbox”), the GPS technology and other peripheral equipment installed in a

Vehicle to enable it to participate in the Service.

“Member” means any person whose Membership Application has been accepted by us or

our Affiliates and whose Membership has not been cancelled, and may be a Borrower or an

Owner.

“Member Profile” means the information about you that is stored on our systems.

“Membership” means the state of being an active Member of the Service.

“Membership Application” means an application for Membership, which may be made

electronically, and includes all of the information provided by the prospective Member in that

form or in connection with that application;

“Membership Fee” means the monthly amount payable by a Member to us according to the

Member’s selected Membership Plan(s).

“Membership Plan” means a Sharing Plan or Borrowing Plan. Different plans are available to

Borrowers and Owners and their costs and inclusions can be viewed on the Website.

“Mobility Mutual” means Mobility Mutual Limited (ACN 653 040 647).

“Owner” means a Member who makes their Vehicle available to other Members for sharing

through the Service.

“Owner Agreement” means the additional set of terms and conditions specific to Owners

within this Agreement.

“Owner Guarantee” means the guarantee given by us to Owners who List their Vehicles as

part of the Services, as published and amended from time to time.

“Policies” means each of the policies as published or made available on the Website from

time to time relating to the use of the Service by Members, and includes:

a) the Complaints and Dispute Resolution Policy;

b) the Damage Policy;

c) the Privacy Policy; and

d) the Website Terms of Use

“Roadside Assistance” means the 24/7 breakdown service provided to Vehicles enrolled in

the Service.

“Service” means the service of facilitating peer-to-peer car sharing.

“Sharing Plan” means a Membership Plan for Owners sharing a Vehicle through the Service.

“Third Party Loss” means:

a) legal liability to pay compensation for accidental loss or damage to someone else’s

property arising out of an Accident where you or an Authorised Driver were at fault

and the legal liability arises out of the use of a Vehicle;

b) legal liability arising out of the use of a Vehicle that results in death or bodily injury to

another person (not including any person who is driving or in charge of the Vehicle

or a member of your family), provided that the event or series of related events that

gave rise to the legal liability, or any part of it, is not covered or indemnified in any

way by any statutory or compulsory insurance or any compensation scheme or fund

(except where the lack of coverage or indemnification results from your failure to

insure or register your Vehicle or to comply with the requirements of such a policy,

fund or scheme);

c) costs of defending a legal claim for compensation for loss or damage described in

(a), provided that we have approved the costs and expenses prior to them being

incurred.

“Toll” means an amount charged by the owner or operator of a toll road, and includes any

penalties, fees or other amounts charged in relation to the late payment of a toll.

“Tolling Device” means any tag or device installed in a Vehicle for recording electronic Tolls.

“Trip Cover” means the discretionary risk protection product issued by Mobility Mutual to

Borrowers who are also members of Mobility Mutual to protect them for Damage and Loss

when they borrow or hire a Vehicle.

“TripCover PDS” means the combined Product Disclosure Statement, Protection Wording

and Financial Services Guide issued by Mobility Mutual for TripCover, and includes any

supplementary or replacement disclosures applicable from time to time.

“Uber Carshare” means Uber Carshare Pty Ltd (ACN 609 590 463).

"Uber” means Uber B.V.

“Website” means the website www.ubercarshare.com and any associated mobile sites and

sub-domains, and mobile apps.

“Vehicle” means a vehicle including its standard modifications and accessories as supplied

by the manufacturer, keys, remote opening devices and Tolling Device, made available for

sharing through the Service.

“Vehicle Profile” means the photographs and other information maintained by the Owner

about a Vehicle that is available to other Members through the Website. A subset of the

information will also be available to the general public through the Website.

“Your Vehicle” means a Vehicle that an Owner Lists for sharing through the Service.

“Wear and Tear” means the deterioration in the condition of a Vehicle that occurs under

normal car-sharing use and conditions, as defined in the Uber Carshare Damage Policy.

OWNER AGREEMENT

26.2 This section applies to you as additional terms and conditions and forms part of your

Member Agreement, if you are an Owner and you apply to List a Vehicle for Sharing

through the Service. The definitions contained on the Member Agreement apply to

this Owners Agreement.

27. VEHICLE ELIGIBILITY CRITERIA

27.1 A Vehicle that is made available at any time for sharing through the Service must

(unless we agree otherwise):

a) be registered in the state or territory in which it is made available for sharing;

b) be in a roadworthy condition at all times, and be submitted for roadworthiness

inspections in accordance with any requirements of a regulator in your state

or territory;

c) be well maintained, with maintenance properly scheduled and recorded using

the applicable manufacturer’s maintenance schedule as a guide;

d) be manufactured during or after the year 2001;

e) have been driven fewer than 400,000 kilometres;

f) not have been altered in a way that materially changes the performance,

appearance or purpose of the Vehicle, except with our written permission;

g) have a power rating of less than 200 kilowatts (250 kilowatts for 4WDs);

h) have seating for a maximum of 12 passengers;

i) be a private passenger vehicle with four wheels; and

j) have a market value less than $40,000 if listed in Victoria and $50,000 in

other states (noting that we may also decline or remove Vehicles with a lower

market value threshold from the Service, or require them to implement

additional security measures, based on our security and risk management

requirements).

27.2 You agree that:

a) we and our Affiliates may independently verify your Vehicle’s registration

details;

b) your Vehicle meets all of the Eligibility Requirements set out at clause 27.1;

and

c) if you are not the registered owner of your Vehicle, the registered owner has

given you permission to make your Vehicle available for sharing through the

Service. You are fully responsible for securing the owner’s permission to List

the Vehicle for sharing through the Service and complying with the scope of

any permission granted.

27.3 You may, with our express permission, List a Vehicle while you hold a restricted,

learner’s or provisional driver licence or while you are not licenced to drive. You must

disclose to us any changes or restrictions to your driver licence, including if at any

time you hold a learner’s or provisional driver licence, and must not use the Service

to book or drive any Vehicle other than your own Vehicle while you hold a restricted,

learner’s or provisional driver licence or while you are not licenced to drive.

28. OWNER RESPONSIBILITIES

28.1 As an Owner of a Vehicle that is offered for sharing through Uber Carshare, you

must:

a) ensure that the Vehicle is maintained, serviced and repaired so that it is in a

roadworthy condition at all times. If we have any concerns about the safety or

maintenance of your car, you may be required to provide proof of

maintenance or roadworthiness, and your Vehicle may be suspended from the

Service until acceptable proof is received;

b) ensure that the Vehicle is safely operable by any Borrower, and not place in

the Vehicle any modifications, devices, equipment or other items that may

interfere with the safe operation of the Vehicle;

c) check the amount of engine oil and coolant in the Vehicle at appropriate

intervals and maintain them at the levels recommended in the Vehicle

manufacturer’s specifications or otherwise as required to maintain the

Vehicle’s efficient performance;

d) ensure there is a serviceable spare tyre available at all times along with the

necessary tools to change the wheel (unless the Vehicle is fitted with runflat

tyres);

e) maintain the correct registration for the Vehicle and comply with any laws or

regulations applicable to Vehicles that are hired out without a driver in your

state or territory;

f) park your Vehicle in a publicly accessible, legal parking space at all times

when it is made available for sharing;

g) follow any reasonable direction given by us or our Affiliates in relation to

sharing your Vehicle that, in our reasonable view, is necessary for to avoid

harm to our reputation and brand;

h) ensure that the fuel tank is more than 1/4 full at the start of any Booking

Period;

i) ensure that the Vehicle is clean at the start of each Booking Period, and not

smoke in the Vehicle;

j) ensure that if the Vehicle is fitted with child restraint(s), these are undamaged

and correctly installed in accordance with the manufacturer’s instructions;

k) if your Vehicle is an Instant Keys Vehicle, ensure that the Lockbox is

accessible by Borrowers at all times when it is made available for sharing,

l) if your Vehicle is an Instant Keys Vehicle and listed in NSW, QLD or VIC,

ensure that the Tolling Device is in the Vehicle and in the correct location at all

times; and

m) ensure that any dashcams or other recording or tracking devices are operated

in accordance with any applicable laws and that their presence is clearly

notified to Borrowers in the Vehicle’s public description.

28.2 You must be contactable by phone or email and able to respond to queries at all

times during a Booking Period.

28.3 If you will not be contactable during a Booking Period, then you must:

a) provide us with the mobile phone number and email address of a person who

is responsible for your Vehicle (your nominated representative); or

b) ensure that your Vehicle is not made available for sharing during that time.

28.4 You agree that:

a) your mobile phone number and email address may be provided to other

Members so that they can contact you directly with any queries relating to

sharing your Vehicle; and

b) you will inform us as soon as possible of any changes to your mobile phone

number or email address.

29. VEHICLE PROFILES

29.1 You will be required to maintain a Vehicle Profile for any Vehicle that you have Listed

for the Service. This information will be available to other Members. The information

includes:

a) the Vehicle nickname;

b) the Vehicle description;

c) the Vehicle sharing location;

d) photograph(s) of the Vehicle;

e) the hourly and daily sharing rates; and

f) the Availability Schedule.

29.2 You will be able to provide special instructions to Borrowers concerning access to, or

the operation of, the Vehicle. This information may be made available on the Website,

or communicated to Borrowers by in-app message, email or SMS prior to the start of

a Booking Period.

30. ACCEPTANCE AND CANCELLATION OF BOOKINGS

30.1 You must:

a) review the Availability Schedule for your Vehicle regularly;

b) ensure that your Vehicle is available at the times and locations for which it has

been Booked and, if your Vehicle is an Instant Keys Vehicle, that the Lockbox

containing the Vehicle key is accessible by Borrowers; and

c) pay the charges set out in the Fee Schedule if your Vehicle is not available to

any Borrower who has made a Booking for its use.

30.2 All Bookings are automatically confirmed if the Vehicle is shown as available in the

Availability Schedule.

30.3 If you cancel a Borrower’s Booking, you will incur a fee as set out in the Fee

Schedule.

31. FEES AND INCOME

31.1 With respect to the income generated from your Vehicle:

a) All amounts quoted and charged or paid are in Australian Dollars (AUD$);

b) You may set the rates for the use of your Vehicle.

c) You authorise us, as your payment collection agent, to collect amounts owing

to you by Borrowers.

d) We will pass through to you a portion of the time and distance fees that

Borrowers pay to us for using your Vehicle, and you will owe to us, and we will

retain, the remainder of those fees as part of the consideration payable in

connection with supplying the Service (and the amount retained will include

the GST that we must charge you for such supply);

e) The portion that we pass through to you will be determined by your Sharing

Plan.

f) We may set off any amounts that you owe in connection with this Owner

Agreement against amounts that we owe to you.

g) If your Vehicle is unregistered or unroadworthy, not fit for purpose or does not

match the Vehicle Profile at any time when it is made available for sharing

through the Service, we may refund any amounts paid by the Borrower to you

on your behalf and charge you for lost revenue from Bookings that are

cancelled or refunded as a result.

h) In the event that we do not pass through to you any time and distance fees

held by us and owing to you in accordance with this Owner Agreement for

whatever reason, you acknowledge and agree that you will have recourse

only against us, and no claim or action against the Member who used your

Vehicle.

i) We will not be required to make any payment to you until we have first

received payment of those amounts from the Member or Members who

incurred fees or charges in relation to the use of your Vehicle during the

relevant billing period.

j) We will make any payments owing to you to the bank account that you

nominate in your account via the Website.

k) We will issue invoices to Members on your behalf for amounts owing to you.

You must provide us with all information requested so we can prepare the

invoice. That might include, for example, your ABN.

31.2 You authorise us to enter into, vary, waive, release and terminate agreements with

Borrowers to the extent that we do so as your payment collection agent, or in any

other agency capacity for you, without requiring your prior approval.

31.3 You acknowledge that we may also collect payments from Borrowers on behalf of

Mobility Mutual in connection with the Borrower’s use of your Vehicle, and that these

payments are not payable to you.

32. INVOICING AND PAYMENT

32.1 You will receive Invoices on a regular basis showing your Membership Fees, Sharing

Plan fees, fees for Between-Booking Cover (where you have it) and any Toll charges

or fuel charges payable by you in accordance with the Agreement, as well as the

amounts payable to you by Borrowers for the use of your Vehicle and the percentage

of these amounts owing by you to us.

32.2 If the Invoice shows a net amount owing by you to us, we will charge your Card for

that amount on the date shown in the Invoice. If the Invoice shows a net amount

owing by us to you, we will pay the amounts shown in the Invoice by the due date

shown on the Invoice, in accordance with clause 31.1.

32.3 Amounts payable under the Fee Schedule are inclusive of GST. Where GST is

payable on any “taxable supply” as defined for GST purposes made to you by us or

another person (Supplier) under or in connection with the Agreement and the

consideration for that supply is not stated to be GST inclusive:

a) you must pay an additional amount to the Supplier equal to the amount of the

GST payable on that supply (GST Amount), at the same time as any other

consideration is to be first provided for that supply; and

b) the Supplier must provide a tax invoice to you for that supply, no later than the

time at which the GST Amount for that supply is to be paid in accordance with

clause 32.3a).

32.4 If you are required to quote an Australian Business Number (ABN) relating to the

income generated from your Vehicle, you must notify us. We will supply your ABN to

Borrowers on your behalf at the time of issuing to Borrowers a receipt for the use of

your Vehicle.

33. LOCKBOX SYSTEM AND TOLLING DEVICE (INSTANT KEYS VEHICLES ONLY)

33.1 If your Vehicle is an Instant Keys Vehicle, we will either arrange for installation of the

Lockbox System in your Vehicle (defined to mean the combination of the digital

lockbox device that fixes to a car window and holds the car keys (the “Lockbox”), the

GPS technology and other peripheral equipment installed in a Vehicle to enable it to

participate in the Service), or send the Lockbox System to you to install in your

Vehicle.

33.2 If installation of the Lockbox System in your Vehicle is arranged, we will:

a) ensure that, if we carry out the installation, it is carried out by an appropriately

trained and qualified person;

b) agree with you on a time and place for the installation of the Lockbox System

to take place.

33.3 If you do not make your Vehicle available and accessible for a scheduled

appointment for installation of the Lockbox System, and have not cancelled or

rescheduled the appointment more than 24 hours in advance, then we may charge

you a rescheduling fee in respect of the missed appointment.

33.4 We may arrange for a Tolling Device to be provided for your Vehicle. Upon receiving

the Tolling Device, you must:

a) remove any other Tolling Device from your Vehicle prior to the Vehicle being

driven;

b) install the Tolling Device as per the instructions;

c) ensure that the Tolling Device is in your Vehicle prior to the commencement of

each Booking; and

d) pay all Tolls associated with the Tolling Device, other than Tolls incurred by

Borrowers while your Vehicle is in their possession.

33.5 You must not, and must not permit or suffer any other person to tamper with, interfere

with, or remove any part of the Lockbox System or the Tolling Device that has been

installed in your Vehicle or any other Member’s Vehicle by or on behalf of us.

33.6 You must inform us immediately if any part of the Lockbox System or the Tolling

Device is lost, stolen, damaged or not working properly.

33.7 If any part of the Lockbox System or Tolling Device that we provide to you is lost,

stolen or damaged, we may charge you a fee, as set out in the Fee Schedule.

34. CHECKING THE VEHICLE

34.1 You are responsible for checking the Borrower’s photographs of your Vehicle from the

beginning and end of their possession of the Vehicle and for checking your Vehicle as

soon as possible after you re-take possession of the Vehicle and at a minimum, once

each week. If you as an Owner find any damage, or if the Tolling Device or Lockbox

System are missing or damaged, you must report it to us promptly.

34.2 You must report any new damage that you identify in a Borrower’s photographs, or

submit photographs of any new damage you find that is not recorded in a Borrower’s

photographs, to us as soon as possible after the relevant Booking Period (and, in any

event, within 42 days of the end of the relevant Booking Period).

34.3 If you report damage to your Vehicle, we will assist with the investigation and

collection of payment from any liable Borrowers who have used your Vehicle within

the 42 days prior to your report. If the damage occurred outside that period then you

will be responsible for communicating directly with Borrowers to ascertain liability.

35. DAMAGE AND LOSS TO YOUR VEHICLE

35.1 Each Borrower must have Trip Cover for each Booking they make to cover Damage

and Loss when they use your Vehicle. If a Borrower is responsible for Damage and

Loss under the Member Agreement, the amount that they will be required to pay to

you will be:

a) the reasonable cost of repairing your Vehicle (which may include the use of

used parts or parts that were not made by the original equipment

manufacturer); or

b) if your Vehicle is:

i) damaged beyond economic repair; or

ii) stolen and not recovered,

the market value of your Vehicle at the date of the Accident or theft, as determined by

an independent valuer appointed by us, Carshare Support or by Mobility Mutual when

assessing your claim. If Mobility Mutual approves a claim, Carshare Support will pay

for the repairs to the Vehicle, on behalf of Mobility Mutual in accordance with the

terms of the TripCover PDS.

35.2 If you do not agree with the valuation made by the independent valuer then you may

provide evidence to support your alternative valuation. The final determination of the

market value of your Vehicle will be made by Carshare Support or by Mobility Mutual.

35.3 If a Borrower fails to lodge a claim with Mobility Mutual when the Borrower is liable

for Damage and Loss to your Vehicle, we will exercise our rights under the Member

Agreement to lodge that claim as their attorney. If a claim for Damage and Loss to

Your Vehicle is not approved by Mobility Mutual, the Borrower remains liable to you in

accordance with the Member Agreement.

35.4 Where you experience loss of use of your Vehicle as a direct result of Damage and

Loss caused to the Vehicle by a Borrower, the Borrower may be required to make a

payment to you to compensate you for that loss of use, calculated as set out in the

Damage Policy in accordance with the Member Agreement.

35.5 You will not be entitled to any compensation or payment in relation to any actual or

anticipated loss of income generated from your Vehicle.

35.6 Borrowers will not be responsible for, and the Owner Guarantee will not cover:

a) loss of use, depreciation, Wear and Tear, deterioration resulting from existing

damage, rust or corrosion or reduction in value;

b) mechanical, electrical or computer breakdowns, failures or breakages;

c) Damage and Loss as a result of lawful seizure or impounding (however the

Borrower will be responsible for these costs if the seizure or impounding

results from his or her actions or inaction);

d) repairs carried out without our consent;

e) the cost of repair of old damage, faulty workmanship or incomplete repairs

that were in existence prior to the Accident;

f) Damage and Loss to any non-standard modifications or accessories that were

not supplied by the manufacturer; or

g) Damage and Loss if you make your Vehicle available for Bookings, or drive it

Yourself, when it is in an unsafe or un-roadworthy condition.

35.7 We will ensure that whilst your Vehicle is in the possession of a Borrower, as

described in the Damage Policy: the Borrower has current membership of Mobility

Mutual and discretionary risk protection under Trip Cover for the Booking. If the

Borrower is for any reason unable to access Trip Cover, or if their claim for protection

under Trip Cover is declined by Mobility Mutual, then You may make a claim under

the Owner Guarantee.

35.8 There are limits to the Borrower’s level of cover under Trip Cover and to the amount

that may be paid under the Owner Guarantee.

36. CLAIMS FOR DAMAGE AND LOSS

36.1 You are deemed to be in possession of the Vehicle for all times other than when a

Borrower is in possession of the Vehicle. The deemed periods of when Borrower

possession occurs are specified in the Damage Policy under the heading “Who is

responsible for damage?”

36.2 You will be fully responsible for Damage and Loss that occurs whilst the Vehicle is in

your possession (as opposed to being in the possession of a Borrower). We are not

(and our Affiliates are not) liable to you or any third party in relation to any such

Damage and Loss, and you agree to indemnify us and our Affiliates for any claims

against, or damage or loss suffered by, us or any of our Affiliates as a result of or in

connection with any such Damage and Loss.

36.3 If your Vehicle meets the eligibility criteria for Between-Booking Cover, you may

choose to purchase Between-Booking Cover from Mobility Mutual to cover your

Vehicle for damage and Loss which occurs between Bookings and is protected under

the terms and conditions of the Between-Booking Cover PDS.

36.4 If there is Damage and Loss that results from the use or possession of your Vehicle

by a Borrower then we or our Affiliates will:

a) determine the quantification of the Damage and Loss in accordance with

clause 35, which may be through quotations for the repairs to your Vehicle

and where appropriate an assessment of the damage;

b) arrange for the completion of our Collision or Damage Report Form;

c) in accordance with the Member Agreement, collect:

i) any Excess from the Borrower if Mobility Mutual approves the claim

and pay the Excess to Mobility Mutual on the Borrower’s behalf; or

ii) if the Borrower is not able to access Trip Cover or Mobility Mutual does

not approve the claim, the amounts owing to you by the Borrower in

relation to the Damage and Loss from the Borrower on your behalf;

and

d) pay:

i) the Trip Cover Excess to Mobility Mutual; or

ii) the applicable repair costs and other amounts collected from the

Borrower or Mobility Mutual (including any claim settlement) on your

behalf, either to you or directly to the repairer on your behalf or to the

person you direct us to pay.

36.5 We may, in accordance with the Owner Guarantee or otherwise in our absolute

discretion pay you in advance of collecting such amount from the Borrower or Mobility

Mutual, in which case such amount (once collected) will be owed to us by way of

reimbursement for the payments made, instead of to you.

37. LIABILITY FOR PARKING AND DRIVING INFRINGEMENTS

37.1 Subject to clause 16.2 and clause 17, if an Infringement Notice is issued in relation to

an infringement occurring during any time other than:

a) while Borrower has possession of the Vehicle, or

b) when your Vehicle incurs a parking fine in the place where it was left by a

Borrower,

then you are responsible for payment of the Infringement Notice. Neither the

Between-Booking Cover nor the Owner Guarantee provides protection for fines,

penalties and infringements.

37.2 You are responsible for ensuring that your Vehicle’s home location as listed in the

Vehicle Profile is a place where the Vehicle can be left indefinitely without incurring a

parking fine. If a Borrower leaves the Vehicle in its specified home location, then you

will be responsible for the payment of any Infringement Notice issued after the

Borrower ceases to have possession of the Vehicle.

37.3 If you receive an Infringement Notice that you believe is the responsibility of a

Borrower, you should notify us and cooperate with us to ensure the Infringement

Notice is assigned to the appropriate Member for resolution. Trip Cover does not

provide protection for fines, penalties and infringements.

37.4 If you dispute your liability for an Infringement Notice, then you may raise the dispute

with us and it will be dealt with in accordance with the Complaints and Dispute

Resolution Policy.

38. OWNERSHIP AND RETURN OF TOLLING DEVICE AND LOCKBOX SYSTEM

(INSTANT KEYS VEHICLES ONLY)

38.1 If your Vehicle is approved to be an Instant Keys Vehicle, a Lockbox System may be

provided to you to facilitate your participation in the Service. Any Lockbox System

provided to you will remain our property at all times. The Tolling Device will remain

the property of the authority or company that provides them.

38.2 You must facilitate the removal of, and return, any Tolling Device or Lockbox System

in your possession to us:

a) before you sell or transfer possession of the vehicle to another person or

move it to a location outside of our normal operating area;

b) if we have sent them to you to install in your Vehicle and you have not

installed them within 20 business days of receipt (or another period agreed

with us);

c) upon termination of your Agreement; or

d) at any other time if we request that you do so.

38.3 If we do not receive the Tolling Device or Lockbox System within 20 business days

after our request, or if you transfer ownership or possession of the vehicle to another

person without returning these items to us, then you agree to pay us the replacement

cost of those items and a reasonable handling fee (as set out in the Fee Schedule)

and authorise us to charge these costs to your account.

39. USING THE LOCKBOX

39.1 If your Vehicle is equipped with a Lockbox, you may use the Website to generate a

personal identification number (PIN) that provides you access to unlock the Lockbox

for your Vehicle at any time.

39.2 You must keep each PIN secure at all times and only disclose it to your Additional

Drivers if they need to access the Vehicle.

40. APPLICATION AND REMOVAL OF STICKERS

40.1 We may apply stickers to your Vehicle with your consent, or send you stickers to

apply.

40.2 If you remove the stickers and do not follow the instructions set out in our Help

Centre, then you may damage the paintwork on your Vehicle. We will not be

responsible for the costs of repairing any damage caused by your removal of the

stickers.

41. LIABILITY FOR PENALTIES, LOSS OR DAMAGE RESULTING FROM FAILURE

TO REGISTER YOUR VEHICLE OR ENSURE ITS ROADWORTHINESS

41.1 If your Vehicle is unregistered, unroadworthy or does not meet the Vehicle Eligibility

criteria set out above in clause 27.1 at any time when it is made available for sharing

through the Service, you will be liable, and agree to indemnify and hold us and any

Borrowers harmless for any cost, loss, damage, fines, penalties, claims or liability

arising in relation to the use of your Vehicle. Neither the Between-Booking Cover nor

the Owner Guarantee provides protection for these costs, losses, damage, fines,

penalties, claims or liability.

42. SUSPENDING YOUR VEHICLE FROM THE SERVICE

42.1 We may suspend your Vehicle from the Service by making it unavailable for sharing

at any time at our discretion:

a) if we consider that you have not complied with the terms of the Agreement,

including this Owner Agreement;

b) if there is a problem with the Lockbox System or Booking System that affects

your Vehicle; or

c) for any other legitimate reason to protect the integrity of the Service or our

business.

42.2 We will not be liable for any direct or indirect loss or cost, including without limitation

any loss of income or loss of opportunity, that you suffer as a result of our suspending

your Vehicle from the Service or our failure to suspend your Vehicle for the Service.

42.3 If your Vehicle is suspended from the Service for cause, to the extent not prohibited

by law you will not be entitled to a refund of your Membership Fee or of any

payments for the Lockbox